How long does domestic violence affect child custody after a divorce? Once domestic violence has been established by a California Court, the burden of proof is clearly and heavily upon the violent offender to demonstrate that it is in the child’s best interest to modify child custody and parenting time orders.
There have been several published cases at the Appellate level here in California. Based upon this case law a California Court must presume that it is not in the best interest of the child to give a violent offender joint or sole physical custody or legal custody if the Court finds that a parent has perpetrated any domestic violence against the other parent at any point in the preceding five years.
It is possible to rebut this presumption, however this is highly unlikely. California Family Law clearly shows rebuttal of the domestic violence presumption for child custody must include the following:
- It must be in the best interest of the child
- Has the offender completed a qualifying battery program?
- Has the offender completed a court approved alcohol or drug addition program if this applies?
- Has the offender completed court ordered or approved parenting classes?
- The status of any underlying probation or parole
- Is the offender under a restraining order or protective order?
- Has the offender complied with all terms of those orders?
- Has the offender committed any furthe acts of domestic violence in any arena?
How long does domestic violence affect child custody after a divorce? California family law and other legal statutes clearly protect children in divorce situations. Domestic violence has serious implications on the life of the offender, as well as future rights including child custody and visitation, employment, the right to own firearms, international travel and other limitations imposed by law or potential employers.
The experienced family law attorneys at Burke & Domercq have the expertise and tact to handle divorce and family law cases involving domestic violence. We are committed to bringing the truth to light, the protection of children and victims of domestic violence. We invite you to contact us or call 760-712-2741 to discuss your concerns or schedule an appointment.